The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2007/435 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2007 No. 483

FOOD

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

Made

29th October 2007

Laid before the Scottish Parliament

29th October 2007

Coming into force

30th October 2007

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17(1), 26(1)(a) and (3), 31 and 48(1) of the Food Safety Act 1990(1) and all other powers enabling them to do so.

In accordance with section 48(4A) of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency(2).

There has been a consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3).

PART 1 S Introductory

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 and shall come into force on 30th October 2007.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 30.10.2007, see reg. 1(1)

Interpretation S

2.—(1) In these Regulations–

“the Act” means the Food Safety Act 1990;

“advertisement” and “advertise” shall have the same meaning as in the Food Labelling Regulations 1996(4);

“the Agency” means the Food Standards Agency;

“authorised ozone-enriched air oxidation technique” means–

(a)

a treatment with ozone-enriched air authorised and carried out in accordance with Schedule 1; or

(b)

in the case of water brought into Scotland from other parts of the United Kingdom or from an EEA State, a treatment which complies with Article 5 of Directive 2003/40 as implemented in that part of the United Kingdom or that EEA State;

“bottle”, the noun, means a closed container of any kind in which water is sold for drinking by humans or from which water sold for drinking by humans is derived and “bottle”, the verb, and “bottled” shall be construed accordingly;

“Directive 80/777” means Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters(5) as amended by Directive 96/70/EC of the European Parliament and of the Council(6);

“Directive 98/83” means Council Directive 98/83/EC relating to the quality of water intended for human consumption(7) as corrected by a Corrigendum dated 20th April 2001(8);

“Directive 2003/40” means Commission Directive 2003/40/EC establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters(9);

“drinking water” means water intended for sale for drinking by humans other than–

(a)

natural mineral water; or

(b)

water bottled in a bottle marked or labelled “spring water” in accordance with regulation 11;

“effervescent natural mineral water” means natural mineral water which at source or after bottling, gives off carbon dioxide spontaneously and in a clearly visible manner under normal conditions of temperature and pressure;

“natural mineral water” means water which–

(a)

is microbiologically wholesome;

(b)

originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits;

(c)

can be clearly distinguished from ordinary drinking water by the following characteristics having been preserved intact because of the underground origin of the water, which has been protected from all risk of pollution–

(i)

its nature, which is characterised by its mineral content, trace elements or other constituents and, where applicable, by certain effects;

(ii)

its original state; and

(d)

is for the time being recognised in accordance with regulation 4;

“parameter” means a property, element, organism or substance listed in the second column of the Tables in Part 2 of Schedule 2;

“prescribed concentration or value” in relation to any parameter, means the concentration or value specified in relation to that parameter in the Tables in Part 2 of Schedule 2 as measured by reference to the unit of measurement so specified;

“sell” includes possess for sale and offer, expose or advertise for sale, and “sale” shall be construed accordingly.

(2) Other expressions used both in these Regulations and in Council Directives 80/777, 98/83 or 2003/40 have the same meaning in these Regulations as they have in the Directive concerned.

(3) Any reference in these Regulations to a numbered Article or Annex is a reference to the Article or Annex so numbered in Directive 80/777.

(4) Any reference in these Regulations to the marking or labelling of a bottle includes both marking or labelling done before any water is bottled, and after bottling.

Commencement Information

I2 Reg. 2 in force at 30.10.2007, see reg. 1(1)

Exemptions S

3.—(1) These Regulations do not apply to any water which–

(a) has a product licence issued under the Medicines Act 1968(10) or a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994(11) or a marketing authorisation to which Veterinary Medicines Regulations 2005(12) apply;

(b) is a natural mineral water which is used at source for curative purposes in thermal or hydromineral establishments;

(c) is not intended for sale for drinking by humans; or

(d) is a natural mineral water intended for export to a country other than an EEA State.

(2) These Regulations do not apply to packaged ice portions intended for use in cooling food.

Commencement Information

I3 Reg. 3 in force at 30.10.2007, see reg. 1(1)

PART 2 S Natural mineral water

Recognition as natural mineral water S

4.—(1) Water is recognised as a natural mineral water where recognition is granted–

(a) in the case of water extracted from the ground in Scotland, by the food authority, in accordance with Part 1 of Schedule 3;

(b) in the case of water extracted from the ground in another part of the United Kingdom by a responsible authority of that part of the United Kingdom pursuant to Directive 80/777;

(c) in the case of water extracted from the ground in an EEA State other than the United Kingdom by a responsible authority of that State pursuant to Directive 80/777; and

(d) in the case of water extracted from the ground in a country other than an EEA State–

(i) by the Agency, in accordance with Part 2 of Schedule 3; or

(ii) in accordance with an equivalent recognition by a responsible authority in–

(aa) another part of the United Kingdom; or

(bb) an EEA State other than the United Kingdom.

(2) Where, in relation to any water that has been recognised under paragraph (1)(a) or (d)(i), it is found–

(a) that, by analysis in accordance with Part 3 of Schedule 3, the requirements of that Part are not met;

(b) that the requirements of Schedule 4 are not met; or

(c) that the content of the water is not in accordance with paragraph 2(c) in Part 1 or, as the case may be paragraph 2(c) in Part 2 of Schedule 3,

the food authority or, as the case may be, the Agency, may withdraw that recognition until those requirements are met.

(3) Where–

(a) the food authority declines to grant or withdraws recognition of a water; or

(b) the Agency declines to grant or withdraws recognition of a water,

the person who exploits or wishes to exploit the spring from which that water emerges, or, if different, the person who owns land on which that spring is situated, may apply to the Agency for a review of that decision.

(4) Where an application for review of a decision has been made under paragraph (3), the Agency shall make such inquiry into the matter as it considers appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either–

(a) confirm the decision; or

(b) direct the food authority to grant or restore or itself restore, as appropriate, recognition of the water in question.

(5) A person who exploits a spring from which there is extracted water which is recognised as a natural mineral water in accordance with paragraph 1(a) or (d)(i) may apply to the Agency or food authority, as appropriate, to have that recognition withdrawn.

(6) Where a food authority–

(a) grants, restores or withdraws recognition, it shall immediately inform the Agency of that fact;

(b) is notified of any change to the trade description of a natural mineral water or to the name of a spring from which natural mineral water has been extracted, it shall immediately inform the Agency of that change;

(c) is directed by the Agency under paragraph (4)(b) to grant or restore recognition, it shall immediately comply with that direction.

(7) Any recognition of water as a natural water granted under the Natural Mineral Waters Regulations 1985(13) or the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999(14) and subsisting on the date that these Regulations come into force shall–

(a) in the case of water extracted from the ground in Scotland, be treated as if it were recognition granted by the food authority under paragraph (1)(a); and

(b) in the case of water extracted from the ground in a country other than an EEA state, be treated as if it were recognition granted by the Agency under paragraph (1)(d)(i); and

(8) The publication in the Official Journal of the European Community of the name of any water as a natural mineral water recognised in the Community for the purposes of Directive 80/777 shall, save where recognition was granted in accordance with Schedule 3, be conclusive evidence that that water is recognised for the purposes of that Directive.

(9) Schedule 5 shall have effect for the purposes specified for it in Schedule 3.

Commencement Information

I4 Reg. 4 in force at 30.10.2007, see reg. 1(1)

Exploitation of natural mineral water springs S

5.—(1) No person shall exploit any spring for the purpose of marketing the water from it as natural mineral water unless–

(a) the water extracted from that spring is natural mineral water;

(b) the food authority has given permission for that spring to be exploited; and

(c) the requirements of Schedule 4 are met.

(2) Where it is found during exploitation that natural mineral water is polluted and that bottling of the water would contravene paragraph 6, 7 or 8 of Schedule 4, no person shall exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with these paragraphs.

Commencement Information

I5 Reg. 5 in force at 30.10.2007, see reg. 1(1)

Treatments and additions for natural mineral water S

6.—(1) No person shall subject natural mineral water in its state at source to–

(a) any treatment other than–

(i) an authorised ozone-enriched air oxidation technique;

(ii) the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, whether or not preceded by oxygenation, in so far as this treatment does not alter the composition of the water as regards the essential constituents which give it its properties; or

(iii) the total or partial elimination of free carbon dioxide by exclusively physical methods; or

(b) any addition other than the introduction or the reintroduction of carbon dioxide to produce effervescent natural mineral water.

(2) Paragraph (1) shall not prevent the utilisation of natural mineral water in the manufacture of soft drinks.

Commencement Information

I6 Reg. 6 in force at 30.10.2007, see reg. 1(1)

Bottling of natural mineral water S

7.—(1) No person shall bottle any natural mineral water which, at the time of bottling, contains any substance listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

(2) The methods used for detection of the substances listed in Schedule 6 shall conform to the performance characteristics for analysis specified in Schedule 7.

(3) No person shall bottle any natural mineral water which does not meet the requirements of Schedule 4.

(4) No person shall bottle any natural mineral water in any container other than a container which is fitted with closures designed to avoid any possibility of adulteration or contamination.

Commencement Information

I7 Reg. 7 in force at 30.10.2007, see reg. 1(1)

Marking, labelling and advertisement of natural mineral waters S

8.—(1) No person shall cause a natural mineral water to be bottled in a bottle marked or labelled with any of the following–

(a) a trade description which includes the name of a locality, hamlet or place, unless that trade description refers to a natural mineral water the spring of which is exploited at the place indicated by that description and is not misleading as regards the place of exploitation of the spring;

(b) a trade description which is different from the name of the spring or the place of its exploitation, unless the place of exploitation or the name of the spring is also marked or labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description;

(c) any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which suggests a characteristic which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity;

(d) any indication, other than those specified in sub-paragraphs (f) and (g), attributing to the natural mineral water properties relating to the prevention, treatment or cure of a human illness;

(e) any indication listed in column 1 of the table in Schedule 8, except where the natural mineral water meets the criterion, if any, corresponding to that indication;

(f) the indication “may be diuretic” or “may be laxative” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological or clinical examination, as appropriate;

(g) the indication “stimulates digestion” or “may facilitate the hepato-biliary functions” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological and clinical examination; or

(h) a sales description other than–

(i) in the case of an effervescent natural mineral water, one of the following–

(aa) “naturally carbonated natural mineral water” to describe water whose content of carbon dioxide from the spring after decanting, if any, and bottling is the same as at source, taking into account where appropriate the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances;

(bb) “natural mineral water fortified with gas from the spring” to describe water whose content of carbon dioxide from the water table or deposit after decanting, if any, and bottling is greater than that established at source;

(cc) “carbonated natural mineral water” to describe water to which has been added carbon dioxide of an origin other than the water table or deposit from which the water comes;

(ii) in the case of a natural mineral water other than an effervescent natural mineral water, “natural mineral water”.

(2) No person shall cause natural mineral water to be bottled unless the bottle is marked or labelled with–

(a) a statement of analytical composition which statement shall indicate the characteristic constituents of the water;

(b) the name of the place where the spring is exploited and the name of the spring;

(c) in any case where it has undergone the treatment of total or partial elimination of free carbon dioxide by exclusively physical methods, the indication “fully de-carbonated” or “partially de-carbonated” as appropriate;

(d) in any case where it has undergone an authorised ozone-enriched air oxidation technique, “water subjected to an authorised ozone-enriched air oxidation technique”, which shall appear in proximity to the analytical composition of characteristic constituents; and

(e) in any case where its fluoride concentration exceeds 1.5 mg/l–

(i) “contains more than 1.5 mg/l of fluoride: not suitable for regular consumption by infants and children under 7 years of age”, which shall appear in proximity to the trade name and in clearly visible characters, and

(ii) the actual fluoride content in relation to the physico-chemical composition, which shall be included within the mandatory information referred to in paragraph (2)(a).

(3) Where in accordance with paragraph (1)(b) a bottle containing a natural mineral water is required to be marked or labelled with the place of exploitation or the name of the spring–

(a) the same requirement shall also apply to any written advertisement for that natural mineral water; and

(b) in any other advertisement, at least equivalent importance shall be given to the place of exploitation or the name of the spring as is given to the trade description.

(4) No person shall advertise any natural mineral water under any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which suggests a characteristic which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity.

(5) No person shall advertise any natural mineral water in contravention of paragraph (3).

Commencement Information

I8 Reg. 8 in force at 30.10.2007, see reg. 1(1)

Sale of natural mineral water S

9.—(1) No person shall sell any water bottled in a bottle the marking or labelling of which uses the name “natural mineral water” in or as the name of the water unless that water is natural mineral water.

(2) No person shall sell any bottled natural mineral water–

(a) which contains–

(i) Parasites or pathogenic micro-organisms,

(ii) Escherichia coli or other coliforms and faecal streptococci in any 250ml sample examined,

(iii) Sporulated sulphite-reducing anaerobes in any 50ml sample examined, or

(iv) Pseudomonas aeruginosa in any 250ml sample examined;

(b) where the total colony count of that water at the source from which that water was taken does not comply with paragraph 7 of Schedule 4;

(c) where the revivable total colony count of that water is in excess of that which would result from the normal increase in the bacteria content which it had at source; and

(d) where that water contains any organoleptic defect.

(3) No person shall sell any bottled natural mineral water–

(a) which has been extracted from a spring which is exploited in contravention of regulation 5;

(b) has been subjected to any treatment or addition in contravention of regulation 6; or

(c) is marked or labelled in contravention of regulation 8.

(4) No person shall sell any natural mineral water from one and the same spring under more than one trade description.

Commencement Information

I9 Reg. 9 in force at 30.10.2007, see reg. 1(1)

PART 3 S Spring water

Bottling of spring water and exploitation of spring water springs S

10.—(1) No person shall cause any water to be bottled in a bottle marked or labelled with the description “spring water” unless that water–

(a) has been extracted from a spring;

(b) meets the requirements of Schedule 2; and

(c) meets the requirements of Schedule 4.

(2) No person shall cause any water which has been treated with ozone-enriched air to be bottled in a bottle marked or labelled spring water, unless that treatment is an authorised ozone-enriched air oxidation technique.

(3) Where it is found during exploitation that spring water is polluted and that bottling of the water would contravene paragraph 6, 7 or 8 of Schedule 4 no person shall exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with those paragraphs.

Commencement Information

I10 Reg. 10 in force at 30.10.2007, see reg. 1(1)

Marking, labelling and advertisement of spring water S

11.—(1) No person shall cause any bottle to be marked or labelled with the description “spring water” unless the water contained in it–

(a) is bottled as specified in regulation 10; and

(b) is intended for consumption in its natural state.

(2) No person shall cause any bottle containing water and marked or labelled with the description “spring water” to be marked or labelled with–

(a) a trade description including the name of a locality, hamlet or place, unless that trade description refers to a water the spring of which is exploited at the place indicated by that description and is not misleading as regards the place of exploitation of the spring;

(b) a trade description that is different from the name of the spring or the place of its exploitation unless the place of exploitation or the name of the spring is also marked or labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description.

(3) No person shall cause any water to be bottled in a bottle marked or labelled with the description “spring water” unless the bottle is also marked or labelled with–

(a) the name of the place where the spring in question is exploited; and

(b) the name of the spring; and

(c) in any case where the water has undergone an authorised ozone-enriched air oxidation technique, “water subjected to an authorised ozone-enriched air oxidation technique” which shall appear in proximity to the particulars referred to in sub-paragraphs (a) and (b).

(4) Where, paragraph (2)(b) would apply in relation to the labelling of a spring water to require an indication of the place of exploitation or the name of the spring in addition to a trade description–

(a) the same requirement shall also apply to any written advertisement for that spring water; and

(b) in any other advertisement, at least equivalent importance shall be given to the place of exploitation or the name of the spring as is given to the trade description.

(5) No person shall advertise any spring water in contravention of paragraph (4).

Commencement Information

I11 Reg. 11 in force at 30.10.2007, see reg. 1(1)

Sale of spring water S

12.—(1) No person shall sell any water bottled in a bottle marked or labelled with the description “spring water”–

(a) which has not been bottled in accordance with regulation 10;

(b) which is not marked or labelled in accordance with regulation 11.

(2) No person shall sell water from one and the same spring, bottled in a bottle marked or labelled with the description “spring water”, under more than one trade description.

Commencement Information

I12 Reg. 12 in force at 30.10.2007, see reg. 1(1)

PART 4 S Bottled drinking water

Bottling of drinking water S

13.  No person shall cause any drinking water to be bottled unless it meets the requirements of Schedule 2.

Commencement Information

I13 Reg. 13 in force at 30.10.2007, see reg. 1(1)

Marking, labelling and advertising of bottled drinking water S

14.  No person shall–

(a) cause any drinking water which is not natural mineral water to be bottled in a bottle marked or labelled with–

(i) any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is liable to cause confusion of the water with a natural mineral water; or

(ii) the description “mineral water”; or

(b) cause any bottled drinking water which is not natural mineral water to be advertised under–

(i) any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is liable to cause confusion of the water with a natural mineral water; or

(ii) the description “mineral water”.

Commencement Information

I14 Reg. 14 in force at 30.10.2007, see reg. 1(1)

Sale of bottled drinking water S

15.  No person shall sell any bottled drinking water–

(a) which has been bottled other than as specified in regulation 13;

(b) which has been marked or labelled other than as specified in regulation 14.

Commencement Information

I15 Reg. 15 in force at 30.10.2007, see reg. 1(1)

PART 5 S Miscellaneous and supplemental

Enforcement S

16.  Each food authority shall, within its area–

(a) enforce and execute these Regulations;

(b) for the purposes of carrying out that function take the steps required of member States and competent authorities by Articles 7.1, 7.2, 7.3 and 7.6 of Directive 98/83 in relation to products to which that Directive and these Regulations apply;

(c) carry out periodic checks on any water which has been recognised as a natural mineral water to ensure that–

(i) the composition, temperature and other essential characteristics of the water remain stable within the limits of fluctuation,

(ii) without prejudice to item (i), the composition, temperature and other essential characteristics of the water are unaffected by any variations in the rate of flow,

(iii) the viable colony count at source (before the water is subjected to any treatment) is reasonably constant, taking into account the qualitative and quantitative composition of the water considered in the recognition of the water and whether it continues to satisfy the requirements of Part 1 of Schedule 3, and

(iv) the requirements of Schedule 4 are met in relation to the water.

(d) carry out periodic checks on any ozone-enriched air oxidation technique authorised by it pursuant to Schedule 1, to ensure that the requirements of that Schedule continue to be satisfied.

Commencement Information

I16 Reg. 16 in force at 30.10.2007, see reg. 1(1)

Arrangements for samples taken for analysis S

17.—(1) An authorised officer who has procured a sample under section 29 of the Act and who considers that it should be analysed for the purposes of these Regulations shall deal with the sample in accordance with this regulation and for the purposes of this regulation “sample” includes one or more bottles of any water.

(2) The authorised officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall–

(a) with respect to one part of the sample comply with paragraphs (3) to (6); and

(b) deal with the remaining parts in accordance with paragraph (7).

(3) If the sample was purchased by the authorised officer, the officer shall give the part of the sample to the person from whom it was purchased.

(4) If the sample is a sample of water brought into Scotland and was taken by the authorised officer before delivery to a person who intends to sell that water in Scotland, the officer shall give the part of the sample to that person.

(5) If neither paragraph (3) nor (4) applies, the authorised officer shall give the part of the sample to the person appearing to be the owner of the water from which the sample was taken.

(6) In every case to which paragraphs (3) to (5) apply the authorised officer shall inform the person to whom the part of the sample is given that the sample was purchased or taken, as appropriate, for the purpose of analysis by a public analyst.

(7) Of the remaining parts of the sample, the authorised officer shall, if an analysis is to be carried out, submit one for analysis in accordance with section 30 of the Act, and retain the other.

(8) Any part of a sample which under this regulation is to be given to any person may be given by delivering it to that person or to an agent of that person or by sending it by registered post or the recorded delivery service; but where after reasonable enquiry the authorised officer is unable to ascertain the name and address of the person to whom the part of the sample is to be given the officer may, in lieu of giving the part to that person, retain it.

(9) If it appears to the authorised officer that any water, of which he has procured a sample for the purpose of analysis by a public analyst, was exploited or bottled by a person (not being a person to whom one part of the sample is required to be given by this regulation) whose name and an address in Scotland is displayed on the bottle or any other container, the officer shall, unless the officer decides not to have an analysis made, within three days of procuring the sample, by a notice inform that person–

(a) that the sample has been procured by the officer; and

(b) where the sample was taken or, as the case may be, from whom it was purchased.

(10) Where a sample taken or purchased by an authorised officer has been analysed by a public analyst, any person to whom a part of the sample was given under this regulation shall be entitled, upon request to the relevant food authority, to be supplied with a copy of the certificate of analysis by that authority.

Commencement Information

I17 Reg. 17 in force at 30.10.2007, see reg. 1(1)

Submission of samples to the Government Chemist S

18.—(1) Where a sample has been retained under regulation 17 and–

(a) a decision has been made to send a report to the procurator fiscal or proceedings have been commenced against a person for an offence under these Regulations; and

(b) the result of the analysis carried out in accordance with regulation 17(7) is to be adduced as evidence,

paragraphs (2) to (6) apply.

(2) The authorised officer–

(a) may of the officer’s own volition; and

(b) shall–

(i) if requested by the prosecutor;

(ii) if the court so orders on the application of the prosecutor or the accused; or

(iii) if requested by the accused (subject to paragraph (5)),

send the retained part of the sample to the Government Chemist for analysis.

(3) The Government Chemist shall analyse the part sent under paragraph (2) and where the analysis is carried out–

(a) under paragraph (2)(a) or (b)(i) or (iii), provide the authorised officer; or

(b) under paragraph (2)(ii), provide the prosecutor and the accused,

with a certificate of analysis.

(4) The authorised officer shall immediately on receipt supply the prosecutor and the accused with a copy of the Government Chemist’s certificate of analysis.

(5) Where a request is made under paragraph (2)(b)(iii) the authorised officer may give notice in writing to the accused requesting payment of a fee specified in the notice in respect of the functions mentioned in paragraph (3), and in the absence of agreement by the accused to pay the fee the authorised officer may refuse to comply with the request.

(6) In this regulation “accused” includes a person who is intended to be the subject of a report to the procurator fiscal.

Commencement Information

I18 Reg. 18 in force at 30.10.2007, see reg. 1(1)

Methods of analysis S

19.  Methods of analysis which accord with Article 7.5 of Directive 98/83 shall be used for the purposes of determining whether or not water satisfies the provisions of Schedule 2.

Commencement Information

I19 Reg. 19 in force at 30.10.2007, see reg. 1(1)

Offences and penalties S

20.  Any person who contravenes regulation 5, 6(1), 7(1), (3), or (4), 8, 9, 10, 11, 12, 13, 14, 15 or 22(3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I20 Reg. 20 in force at 30.10.2007, see reg. 1(1)

Defences S

21.—(1) In any proceedings for an offence under these Regulations it shall be a defence for the accused to show that–

(a) the water was bottled and marked or labelled before these Regulations came into force; and

(b) no offence would have been committed under the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999(15) as they were in force immediately before the coming into force of these Regulations.

(2) In any proceedings for an offence under these Regulations where it is alleged that water does not meet the requirements in paragraph 1(d) of Part 1 of Schedule 2, it shall be a defence for the accused to show that–

(a) the water in question was bottled or sold in an EEA State other than the UK; and

(b) the water complied with the law in that EEA State when it was bottled or sold.

Commencement Information

I21 Reg. 21 in force at 30.10.2007, see reg. 1(1)

Application of other provisions S

22.—(1) The following provisions of the Act shall apply for the purposes of these Regulations and any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations–

(a) section 2 (extended meaning of “sale” etc.);

(b) section 3 (presumption that food intended for human consumption);

(c) section 20 (offences due to fault of another person);

(d) section 21 (defence of due diligence) as it applies for the purposes of sections 14 or 15;

(e) section 22 (defence of publication in the course of business);

(f) section 30(8) (which relates to documentary evidence);

(g) section 33 (obstruction etc. of officers);

(h) section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by sub-paragraph (g);

(i) section 36 (offences by bodies corporate);

(j) section 36A (offences by Scottish partnerships); and

(k) section 44 (protection of officers acting in good faith).

(2) Regulation 38 (intelligibility) of the Food Labelling Regulations 1996(16) shall apply to any name, description, information or other wording with which water is required or permitted by these Regulations to be marked or labelled, at it applies to particulars required to be labelled under the Food Labelling Regulations 1996.

(3) No person shall sell any water to which these Regulations apply if the bottle in which it is bottled is not marked or labelled in accordance with regulation 38 of the Food Labelling Regulations 1996 as applied by paragraph (2).

Commencement Information

I22 Reg. 22 in force at 30.10.2007, see reg. 1(1)

Revocations S

23.—(1) The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 are revoked.

(2) The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Scotland) Regulations 2003(17) and the Natural Mineral Water, Spring Water and Bottled Drinking Water Amendment (Scotland) Regulations 2004(18) are revoked.

(3) The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007(19) are revoked.

Commencement Information

I23 Reg. 23 in force at 30.10.2007, see reg. 1(1)

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th October 2007

Regulations 2(1) and 16(2)

SCHEDULE 1 S Conditions for treatment of natural mineral waters and spring waters with ozone-enriched air

1.  Treatment of natural mineral waters and spring waters with ozone-enriched air shall only be carried out if– S

(a) it is for the purpose of separating compounds of iron, manganese, sulphur and arsenic from water in which they occur naturally at source;

(b) prior to treatment the requirements of paragraphs 3, 4 and 5 of Schedule 4 are satisfied; and

(c) the treatment does not have a disinfectant action.

Commencement Information

I24 Sch. 1 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  Treatment of natural mineral waters and spring waters with ozone-enriched air shall not– S

(a) modify the physico-chemical composition of the water in terms of its characteristic constituents; or

(b) leave residues in the water which could pose a risk to public health, or, in the case of the substances listed below, above the levels specified:

Treatment residue	Maximum limit (μg/l)
Dissolved ozone	50
Bromates	3
Bromoforms	1

Commencement Information

I25 Sch. 1 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  A person seeking to have a process of treatment with ozone-enriched air authorised shall– S

(a) make application in writing to the food authority within whose area the water is extracted;

(b) permit representatives of that authority to examine the proposed method of treatment, and place of treatment, and take samples for analysis in accordance with regulation 17; and

(c) provide such information in support of the application as it requested by the food authority.

Commencement Information

I26 Sch. 1 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  The food authority shall assess the application and any information in its possession and shall authorise the treatment if it is satisfied that– S

(a) the treatment process is justified by the composition of the water at source;

(b) the person carrying out the treatment is taking all necessary measures to ensure that the treatment is effective and safe; and

(c) the treatment process otherwise complies with paragraphs 1 and 2.

Commencement Information

I27 Sch. 1 para. 4 in force at 30.10.2007, see reg. 1(1)

5.  Where the food authority decides to authorise a treatment process pursuant to paragraph 4, it shall inform the operator of the treatment process in writing, and state the date from which the authorisation for commercial use of the treatment has effect. S

Commencement Information

I28 Sch. 1 para. 5 in force at 30.10.2007, see reg. 1(1)

6.  Where the food authority refuses to authorise a treatment process pursuant to paragraph 4, it shall inform the operator of the treatment process in writing, stating its reasons. S

Commencement Information

I29 Sch. 1 para. 6 in force at 30.10.2007, see reg. 1(1)

7.  Where a treatment process has been authorised pursuant to paragraph 4, the person carrying out the treatment must, for the purpose of enabling the food authority to assess whether the conditions in paragraph 4(a) and (b) continue to be satisfied– S

(a) permit representatives of the authority to examine the method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

(b) provide such information related to the treatment as is requested by the authority.

Commencement Information

I30 Sch. 1 para. 7 in force at 30.10.2007, see reg. 1(1)

8.  If the food authority is satisfied that the conditions in paragraph 4 are no longer fulfilled, it may withdraw authorisation of a treatment by giving the person operating that treatment a written notice stating the grounds for withdrawal. S

Commencement Information

I31 Sch. 1 para. 8 in force at 30.10.2007, see reg. 1(1)

9.  Where the food authority decides either not to grant or to withdraw authorisation of a treatment under paragraph 6 or paragraph 8 respectively, the person who wishes to carry out the treatment process may apply to the Agency for a review of that decision. S

Commencement Information

I32 Sch. 1 para. 9 in force at 30.10.2007, see reg. 1(1)

10.  Upon receiving the application for review, the Agency shall make such inquiry into the matter as may seem to the Agency to be appropriate and, having considered the results of that enquiry and any relevant facts elicited by it, shall either confirm the decision or direct the food authority to grant or restore, as appropriate, authorisation of the treatment process in operation. In the case of such a direction the food authority shall comply with the said direction. S

Commencement Information

I33 Sch. 1 para. 10 in force at 30.10.2007, see reg. 1(1)

Regulations 2(1), 10(1)(b), 13, 19 and 21(2)

SCHEDULE 2 S Requirements for spring water and drinking water including prescribed concentrations or values of parameters

PART 1 S Requirements for spring water and drinking water

1.  Water satisfies the requirements of this Schedule if– S

(a) the water does not contain–

(i) any micro-organism (other than a parameter) or parasite; or

(ii) any property, element or substance (other than a parameter),

at a concentration or value which would constitute a potential danger to human health;

(b) the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other property, element, substance or organism it contains (whether or not a parameter), would constitute a potential danger to human health;

(c) the water does not contain concentrations or values of any of the parameters listed in Tables A to D in Part 2 of this Schedule in excess of the prescribed concentrations or values; and

(d) in the case of water prepared from water which has been softened or desalinated, its hardness is not below a minimum concentration of 60 mg Ca/l.

Commencement Information

I34 Sch. 2 Pt. 1 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The concentrations or values of the parameters listed in Tables A to D in Part 2 of this Schedule shall be read in conjunction with the notes thereto. S

Commencement Information

I35 Sch. 2 Pt. 1 para. 2 in force at 30.10.2007, see reg. 1(1)

PART 2 S Prescribed concentrations or values

Commencement Information

I36 Sch. 2 Pt. 2 in force at 30.10.2007, see reg. 1(1)

Table A

Column 1	Column 2	Column 3	Column 4
Item	Parameters	Units of Measurement	Concentration or Value (maximum unless otherwise stated)
Notes: 1. The concentration (mg/l) of nitrate divided by 50 added to the concentration (mg/l) of nitrite divided by 3 must not exceed 1. 2. Excluding tritium, potassium 40, radon and radon decay products.
1.	Colour	mg/1 Pt/Co scale	20
2.	Turbidity	NTU	4
3.	Odour	Dilution number	3 at 25°C
4.	Taste	Dilution number	3 at 25°C
5.	Sulphate	mg SO4/1	250
6.	Sodium	mg Na/l	200
7.	Nitrate	mg NO3/l	50 (note 1)
8.	Nitrite	mg NO2/l	0.5 (note 1)
9.	Aluminium	μgAl/l	200
10.	Copper	mg Cu/l	2
11.	Fluoride	mg F/l	1.5
12.	Hydrogen ion concentration	pH units	4.5 (minimum) 9.5 (maximum)
13.	Tritium (for radioactivity)	Bq/l	100
14.	Total indicative dose	mSv/year	0.10 (note 2)
15.	Manganese	μg Mn/l	50

Table B

Column 1	Column 2	Column 3	Column 4
Item	Parameters	Units of Measurement	Maximum Concentration
Notes: 1. Pesticides” means: organic insecticides, organic herbicides, organic fungicides, organic nematocides, organic acaricides, organic algicides, organic rodenticides, organic slimicides, and related products (inter alia, growth regulators) and their relevant metabolites, degradation and reaction products. Only those pesticides which are likely to be present in a given water need to be monitored. 2. The maximum concentration applies to each individual pesticide. In the case of aldrin, dieldrin, heptaclor and heptachlor epoxide the maximum concentration is 0.030 μg/l. 3. The maximum concentration for “total substances” refers to the sum of the concentrations of all individual pesticides detected and quantified in the monitoring procedure. 4. The specified compounds are benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene, indeno(1.2,3 cd) pyrene.
1.	Arsenic	μg As/l	10
2.	Cadmium	μg Cd/l	5
3.	Cyanide	μg CN/l	50
4.	Chromium	μg Cr/l	50
5.	Mercury	μg Hg/l	1
6.	Nickel	μg Ni/l	20
7.	Selenium	μg Se/l	10
8.	Antimony	μg Sb/l	5
9.	Lead	μg Pb/l	10
10.	Pesticides and related products:
	– individual substances	μg/l	0.10 (notes 1 and 2)
	– total substances	μg/l	0.50 (notes 1 and 3)
11.	Polycyclic aromatic Hydrocarbons	μg/l	0.1 sum of concentrations of specified compounds (note 4)
12.	Bromate	μg BrO3/l	10

Table C

Column 1	Column 2	Column 3	Column 4
Item	Parameters	Units of Measurement	Maximum Concentration
Notes: 1. The total viable colony count should be measured within 12 hours of bottling, with the sample water being kept at a constant temperature during that 12 hour period. Any increase in the total viable colony count of the water between 12 hours after bottling and the time of sale should not be greater than that normally expected. 2. In 72 hours on agar-agar or an agar-gelatine mixture. 3. In 24 hours on agar-agar.
1.	Escherichia coli (E.coli)	number/250 ml	0/250 ml
2.	Enterococci	number/250 ml	0/250 ml
3.	Colony count 22°C	number/ml	100/ml (notes 1 and 2)
4.	Colony count 37°C	number/ml	20/ml (notes 1 and 3)
5.	Pseudomonas aeruginosa	number/250/ml	0/250 ml

Table D

Column 1	Column 2	Column 3	Column 4
Item	Parameters	Unit of Measurements	Maximum Concentration
Notes: 1. The maximum concentration specified applies to the sum of the concentrations of the specified parameters. 2. The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water.
1.	Boron	Mg B/l	1.0
2.	Benzo (a) pyrene	μg/l	0.010
3.	Tetrachloroethene and Trichloroethene	μg/l	10 (note 1)
4.	Tetrachloromethane	μg/l	3
5.	Benzene	μg/l	1.0
6.	1,2-dichloroethane	μg/l	3.0
7.	Trichloromethane, Dichlororbromomethane, Dibromochloromethane and Tribromomethane	μg/l	100 (note 1)
8.	Epichlorohydrin	μg/l	0.10 (note 2)
9.	Vinyl chloride	μg/l	0.50 (note 2)
10.	Acrylamide	μg/l	0.10 (note 2)

Regulations 4(1)(a) and (d)(i), (2)(a) and (c), (8) and (9) and 16(1)(c)(ii)

SCHEDULE 3 S Recognition of natural mineral waters

PART 1 S Natural mineral waters extracted from the ground in Scotland

1.  A person seeking to have water which is extracted from the ground in Scotland recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the food authority within whose area the water is extracted, giving the particulars set out in paragraph 2. S

Commencement Information

I37 Sch. 3 Pt. 1 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The particulars are– S

(a) the particulars in paragraph 1 of Part 3;

(b) any other information showing that the matters specified in paragraphs 2 and 3 of Part 3 are established; and

(c) such evidence as is satisfactory to show that the water contains no substance listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

Commencement Information

I38 Sch. 3 Pt. 1 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 5 are required to be given pursuant to sub-paragraph (b) of paragraph 2, the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule. S

Commencement Information

I39 Sch. 3 Pt. 1 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  Where such particulars have been given, the food authority shall assess them and shall recognise the water to which those particulars relate as natural mineral water if it is satisfied that– S

(a) the water is natural mineral water which complies with paragraph 3 of Section I of Annex I; and

(b) the characteristics of the water have been assessed in accordance with–

(i) the points numbered 1 to 4 set out in paragraph 2(a) of Section I of Annex I,

(ii) the requirements and criteria listed in Part 3 of this Schedule, and

(iii) recognised scientific methods.

Commencement Information

I40 Sch. 3 Pt. 1 para. 4 in force at 30.10.2007, see reg. 1(1)

5.  The food authority shall, on recognising a natural mineral water in accordance with paragraph 4, publish an announcement of such recognition and the grounds on which it has been granted, in the Edinburgh Gazette. S

Commencement Information

I41 Sch. 3 Pt. 1 para. 5 in force at 30.10.2007, see reg. 1(1)

PART 2 S Natural mineral waters extracted from the ground in a country other than an EEA State

1.  A person seeking to have a water which is extracted from the ground in a country other than an EEA State recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the Agency, giving the particulars set out in paragraph 2. S

Commencement Information

I42 Sch. 3 Pt. 2 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The particulars are– S

(a) those specified in paragraph 1 of Part 3;

(b) any other information showing that the matters specified in paragraphs 2 and 3 of Part 3; are established; and

(c) such evidence as is satisfactory to show that the water contains no substance listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

Commencement Information

I43 Sch. 3 Pt. 2 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 5 are required to be given pursuant to sub-paragraph (b) of paragraph 2, the concentration of each such anion, cation, non-ionised compound or trace element shall be expressed in those particulars in the unit of measurement specified opposite it in column 2 of that Schedule. S

Commencement Information

I44 Sch. 3 Pt. 2 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  The Agency shall not recognise such a water unless the responsible authority of the country in which the water is extracted has certified that– S

(a) it is satisfied–

(i) that the requirements in paragraphs 2 and 3 of Part 3 are established; and

(ii) with the evidence given pursuant to sub-paragraph (c) of paragraph 2; and

(b) periodic checks are made to ascertain that–

(i) the water is natural mineral water which complies with paragraph 3 of Section I of Annex I;

(ii) the characteristics of the water are assessed in accordance with–

(aa) the points numbered 1 to 4 set out in paragraph 2(a) of Section I of Annex I;

(bb) the requirements and criteria listed in Part 3; and

(cc) recognised scientific methods; and

(iii) the provisions of Schedule 4 are being applied by the person exploiting the spring.

Commencement Information

I45 Sch. 3 Pt. 2 para. 4 in force at 30.10.2007, see reg. 1(1)

5.  Recognition of such water shall lapse after a period of five years unless the responsible authority of the country in which the water is extracted has renewed the certification required by paragraph 4. S

Commencement Information

I46 Sch. 3 Pt. 2 para. 5 in force at 30.10.2007, see reg. 1(1)

6.  The Agency shall, on recognising water in accordance with this Part of this Schedule, publish an announcement of such recognition in the Edinburgh Gazette, the London Gazette and the Belfast Gazette. S

Commencement Information

I47 Sch. 3 Pt. 2 para. 6 in force at 30.10.2007, see reg. 1(1)

PART 3 S Requirements and criteria for recognition as a natural mineral water

1.  Geological and hydrological surveys must include the following particulars– S

(a) the exact site of the catchment with indication of its altitude, on a map with a scale of not more than 1:1,000;

(b) a detailed geological report on the origin and nature of the terrain;

(c) the stratigraphy of the hydrogeological layer;

(d) a description of the catchment operations; and

(e) the demarcation of the area or details of other measures protecting the spring against pollution.

Commencement Information

I48 Sch. 3 Pt. 3 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  Physical, chemical and physico-chemical surveys must establish– S

(a) the rate of flow of the spring;

(b) the temperature of the water at source and the ambient temperature;

(c) the relationship between the nature of the terrain and the nature and type of minerals in the water;

(d) the dry residues at 180°C and 260°C;

(e) the electrical conductivity or resistivity, with the measurement temperature being specified;

(f) the hydrogen ion concentration (pH);

(g) the anions and cations;

(h) the non-ionized elements;

(i) the trace elements;

(j) the radio-actinological properties at source;

(k) where appropriate, the relative isotope levels of the constituent elements of water, oxygen (¹⁶O — ¹⁸O) and hydrogen (protium, deuterium, tritium);

(l) the toxicity of certain constituent elements of the water, taking account of the limits laid down for each of them.

Commencement Information

I49 Sch. 3 Pt. 3 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  Microbiological analysis at source must show– S

(a) the absence of parasites and pathogenic micro-organisms;

(b) quantitative determination of the revivable colony count indicative of faecal contamination, demonstrating–

(i) absence of Escherichia coli and other coliforms in 250 ml at 37°C and 44.5°C;

(ii) absence of faecal streptococci in 250 ml;

(iii) absence of sporulated sulphite-reducing anaerobes in 50 ml;

(iv) absence of Pseudomonas aeruginosa in 250 ml;

(c) the revivable total colony count per ml of water–

(i) at 20 to 22°C in 72 hours on agar-agar or an agar-gelatine mixture,

(ii) at 37°C in 24 hours on agar-agar.

Commencement Information

I50 Sch. 3 Pt. 3 para. 3 in force at 30.10.2007, see reg. 1(1)

4.—(1) Subject to sub paragraph (2), clinical and pharmacological analyses must be carried out in accordance with scientifically recognised methods and should be suited to the particular characteristics of the natural mineral water and its effects on the human organism, such as diuresis, gastric and intestinal functions, compensation for mineral deficiencies. S

(2) Clinical analyses may, in appropriate cases, take the place of analyses referred to in sub paragraph (1) provided that the consistency and concordance of a substantial number of observations enable the same results to be obtained.

Commencement Information

I51 Sch. 3 Pt. 3 para. 4 in force at 30.10.2007, see reg. 1(1)

Regulations 4(2)(b), (5)(1)(c) and (2), 7(3), 9(2)(b), 10(1)(c) and (3) and 16(1)(a)(iv) and paragraph 1(b) of Schedule 1 and paragraph 4(b)(iii) of Part 2 of Schedule 3

SCHEDULE 4 S Exploitation and bottling requirements for natural mineral water and spring water

1.  Equipment for exploiting the water must be so installed as to avoid any possibility of contamination and to preserve the properties corresponding to those ascribed to it which the water possesses at source. S

Commencement Information

I52 Sch. 4 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The spring or outlet must be protected against the risks of pollution. S

Commencement Information

I53 Sch. 4 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  The catchment, pipes and reservoirs must be of materials suitable for water and so built as to prevent any chemical, physico-chemical or microbiological alteration of the water. S

Commencement Information

I54 Sch. 4 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  The conditions of exploitation, particularly the washing and bottling plant, must meet hygiene requirements. In particular, the containers must be so treated or manufactured as to avoid adverse effects on the microbiological and chemical characteristics of the natural water. S

Commencement Information

I55 Sch. 4 para. 4 in force at 30.10.2007, see reg. 1(1)

5.—(1) Subject to sub-paragraphs (2) and (3), water must not be transported in containers other than those authorised for distribution to the ultimate consumer; S

(2) Natural mineral water may be transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer if, on or before 17th July 1980 water from that spring was so transported;

(3) Water distributed to the ultimate consumer in a bottle marked or labelled with the description “spring water” may be transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer if, on or before 23rd November 1996, water from that spring was so transported.

Commencement Information

I56 Sch. 4 para. 5 in force at 30.10.2007, see reg. 1(1)

6.—(1) The revivable total colony count of the water at source, determined according to sub paragraph (2), shall conform to the normal viable colony count of that water and must not show that the source of that water is contaminated. S

(2) The water colony count is that determined per ml of water–

(a) at 20 to 22°C in 72 hours on agar agar or an agar gelatine mixture;

(b) at 37°C in 24 hours on agar agar.

Commencement Information

I57 Sch. 4 para. 6 in force at 30.10.2007, see reg. 1(1)

7.—(1) After bottling, the total colony count at source may not exceed– S

(a) 100 per ml at 20 to 22°C in 72 hours on agar agar or an agar gelatine mixture; and

(b) 20 per ml at 37°C in 24 hours on agar agar.

(2) The total colony count shall be measured within the period of 12 hours following bottling, the water being maintained at 4°C +/− 1°C during that period.

Commencement Information

I58 Sch. 4 para. 7 in force at 30.10.2007, see reg. 1(1)

8.  Water shall be free from– S

(a) parasites and pathogenic micro organisms;

(b) Escherichia coli and other coliforms and faecal streptococci in any 250 ml sample examined;

(c) sporulated sulphite-reducing anaerobes in any 50 ml sample examined; and

(d) Pseudomonas aeruginosa in any 250 ml sample examined.

Commencement Information

I59 Sch. 4 para. 8 in force at 30.10.2007, see reg. 1(1)

Regulation 4(9) and paragraph 3 of Part 1 of Schedule 3

SCHEDULE 5 S Particulars of anions, cations, non-ionised compounds and trace elements

Commencement Information

I60 Sch. 5 in force at 30.10.2007, see reg. 1(1)

Anions	Unit of measurement
Borate BO3 −	mg/1
Carbonate CO32−	mg/1
Chloride Cl−	mg/1
Fluoride F−	mg/l
Hydrogen Carbonate HCO3−	mg/1
Nitrate NO3−	mg/1
Nitrite NO2−	mg/1
Phosphate PO43−	mg/1
Silicate SiO2	mg/1
Sulphate SO42−	mg/1
Sulphide S2−	mg/1
Cations	Unit of measurement
Aluminium A1	mg/1
Ammonium NH4+;	mg/1
Calcium Ca	mg/1
Magnesium Mg	mg/1
Potassium K	mg/l
Sodium Na	mg/1
Non-ionised compounds	Unit of measurement
Total organic carbon C	mg/1
Free carbon dioxide CO2	mg/1
Silica SiO2	mg/1
Trace elements	Unit of measurement
Barium Ba	μg/l
Bromine (total) Br	μg/l
Cobalt Co	μg/l
Copper Cu	μg/l
Iodine (total) I	μg/l
Iron Fe	μg/l
Lithium Li	μg/l
Manganese Mn	μg/l
Molybdenum Mo	μg/l
Strontium Sr	μg/l
Zinc Zn	μg/1

Regulation 7(1) and (2) and Part 1 of Schedule 3 and paragraph 2(c) of Part 2 of Schedule 3

SCHEDULE 6 S Maximum limits for constituents of natural mineral waters

Commencement Information

I61 Sch. 6 in force at 30.10.2007, see reg. 1(1)

Constituents	Maximum limits (mg/l)
Note: The constituents described above refer to constituents naturally present in the water at source and not to substances present as the result of contamination.
Antimony	0.0050
Arsenic	0.010 (as total)
Barium	1.0
Cadmium	0.003
Chromium	0.050
Copper	1.0
Cyanide	0.070
Fluoride	5.0
Lead	0.010
Manganese	0.50
Mercury	0.0010
Nickel	0.020
Nitrate	50.0
Nitrite	0.1
Selenium	0.010

Regulation 7(2)

SCHEDULE 7 S Performance characteristics for analysing the constituents in Schedule 6

Commencement Information

I62 Sch. 7 in force at 30.10.2007, see reg. 1(1)

Constituent	Accuracy of parametric value in %	Precision of parametric value	Detection limit of parametric value in %
Notes: 1. The method of analysis used to measure the concentration of the constituents in Schedule 6 shall be able to measure at least concentrations equal to the parametric value with the specified accuracy, precision and detection limits. 2. Regardless of the sensitivity of the method of analysis, the result must be expressed to the same number of decimal places as the maximum limit set out in Schedule 6 for the particular constituent being analysed. 3. Accuracy is the systematic error and represents the difference between the average value of a large number of repeated measurements and the exact value. 4. Precision represents the random error and is expressed in general as the standard deviation (within a batch and between batches) of a sample of results from the average. 5. Acceptable precision is equal to twice the relative standard deviation. 6. The detection limit is– (a) three times the relative standard deviation within a batch of a natural sample containing a low concentration of the constituent; or (b) five times the relative standard deviation within a batch of a virgin sample. 7. The method should make it possible to determine total cyanide in all its forms.
Antimony	25	25	25
Arsenic	10	10	10
Barium	25	25	25
Cadmium	10	10	10
Chromium	10	10	10
Copper	10	10	10
Cyanide	10	10	10
Fluoride	10	10	10
Lead	10	10	10
Manganese	10	10	10
Mercury	20	10	20
Nickel	10	10	10
Nitrate	10	10	10
Nitrite	10	10	10
Selenium	10	10	10

Regulation 8(1)(e)

SCHEDULE 8 S Labelling indications for natural mineral water and criteria for use

Commencement Information

I63 Sch. 8 in force at 30.10.2007, see reg. 1(1)

Indication	Criteria
Low mineral content	Mineral salt content, calculated as a fixed residue, not greater than 500 mg/l
Very low mineral content	Mineral salt content, calculated as a fixed residue, not greater than 50 mg/l
Rich in mineral salts	Mineral salt content, calculated as a fixed residue, greater than 1500 mg/l
Contains bicarbonate	Bicarbonate content greater than 600 mg/l
Contains sulphate	Sulphate content greater than 200 mg/l
Contains chloride	Chloride content greater than 200 mg/l
Contains calcium	Calcium content greater than 150 mg/l
Contains magnesium	Magnesium content greater than 50 mg/l
Contains fluoride	Fluoride content greater than 1 mg/l
Contains iron	Bivalent iron content greater than 1 mg/l
Acidic	Free carbon dioxide content greater than 250 mg/l
Contains sodium	Sodium content greater than 200 mg/l
Suitable for a low-sodium diet	Sodium content less than 20 mg/l

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, revoke and re-enact with changes the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 (S.I. 1999/1540) as last amended by the Natural Mineral Water, Spring Water and Bottled Drinking Water Amendment (Scotland) Regulations 2004 S.I. 2004/132.

These Regulations implement in relation to Scotland and to the extent specified in the following paragraph the Community instruments specified in that paragraph.

The Community instruments are–

(a) Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (O.J. No. L 229, 30.8.80, p.1) as last amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. L 284, 31.10.2003, p.1);

(b) Commission Directive 2003/40/EC (O.J. No. L 126, 22.5.2003, p.34) establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters; and

(c) in relation to spring water and bottled drinking water, Council Directive 98/83/EC (O.J. No. L 330, 3.11.98, p.32) relating to the quality of water intended for human consumption.

The principal changes are that–

(a) it is specifically provided that the Regulations do not apply to packaged ice portions for use in cooling food;

(b) the requirements in the Regulations relating to marking and labelling of natural mineral water and spring water are extended to advertising of such water; and

(c) provision is made for retained parts of samples obtained by authorised officers of food authorities for the purpose of analysis to be submitted for analysis to the Government Chemist in specified circumstances.

The Regulations–

(a) provide for exemptions from the Regulations to apply in relation to specified types of water and for ice for cooling food (regulation 3);

(b) prescribe the conditions for recognition of natural mineral water, the procedures for withdrawal of such recognition and provide for review of decisions not to grant or to withdraw recognition where that is requested by the person affected by the decision (regulation 4);

(c) set out the conditions which must be satisfied for springs to be exploited with a view to marketing water from them as natural mineral water and prohibit exploitation of polluted springs until the cause of the pollution is eradicated (regulation 5);

(d) prohibit subjection of natural mineral water to treatments and additions other than specified ones, subject to an exception in the case of such water when used in the manufacture of soft drinks (regulation 6);

(e) prohibit bottling of natural mineral water containing specified substances above specified limits and prescribe the methods to be used for detection of such substances (regulation 7(1) and (2));

(f) prohibit bottling of natural mineral water where specified requirements relating to exploitation of the spring from which the water comes and to bottling of the water are not complied with (regulation 7(3));

(g) prohibit bottling of natural mineral water in containers not satisfying specified requirements (regulation 7(4));

(h) restrict the marking and labelling that may be applied to bottled natural mineral water (including effervescent natural mineral water), require such water to be marked or labelled with specified information and in two respects regulate advertising of such water in addition to its marking and labelling (regulation 8);

(i) prohibit sale of water–

(i) marked or labelled as natural mineral water unless it is such water,

(ii) containing certain substances or organoleptic defects,

(iii) where the total colony count of the water does not comply with paragraph 7(a) of Schedule 4, and

(iv) if the requirements as regards exploitation of the spring from which the water comes, treatment and additions and labelling contained in regulations 5, 6 and 8 respectively are not satisfied (regulation 9);

(j) prohibit bottling of water in a bottle marked or labelled “spring water” unless the water satisfies specified requirements, prohibit such bottling where the water has been treated with ozone enriched air unless the treatment is an authorised one and prohibit exploitation of polluted springs until the cause of the pollution is eradicated (regulation 10);

(k) restrict the marking and labelling that may be applied to spring water, require such water to be marked or labelled with specified information and in one respect regulate advertising of such water in addition to its marking and labelling (regulation 11);

(l) prohibit sale of water marked or labelled “spring water” if the water does not comply with the requirements as regards bottling and as regards labelling and advertisement in regulations 10 and 11 respectively, and prohibit sale of such water from one spring under more than one trade description (regulation 12);

(m) prohibit bottling of drinking water unless it satisfies the requirements of Schedule 2 (regulation 13);

(n) impose restrictions on the marking, labelling and advertising of bottled drinking water with specified information (regulation 14);

(o) prohibit sale of bottled drinking water not bottled in accordance with regulation 13 or not marked or labelled in accordance with regulation 14 (regulation 15);

(p) allocate responsibility for the enforcement and execution of the Regulations, including the carrying out of specified checks for the purpose of ensuring that specified requirements relating to natural mineral water and the requirements as regards ozone enriched air oxidation techniques applicable to natural mineral water and spring water are satisfied (regulation 16);

(q) prescribe the arrangements for handling samples of water taken for analysis for the purposes of the Regulations, provide for submission of a part of the sample for the Government Chemist in specified circumstances and require that, for the purpose of determining whether water complies with Schedule 2, methods of analysis according with Article 7.5 of Directive 98/83/EC must be used (regulations 17 to 19 respectively);

(r) provide that contravention of specified provisions of the Regulations is an offence and prescribe the penalty applicable in the event of conviction (regulation 20);

(s) provide defences in relation to water bottled, marked and labelled before the Regulations come into force and water bottled or sold in an EEA State other than the UK (regulation 21);

(t) apply for the purposes of the Regulations certain provisions of the Food Safety Act 1990 and the Food Labelling Regulations 1996 (S.I. 1996/1499) as amended (regulation 22(1) and (2));

(u) prohibit sale of water not marked in accordance with regulation 38 (intelligibility) of those Regulations (regulation 22(3)); and

(v) revoke the Natural Mineral Water Spring Water and Bottled Drinking Water Regulations 1999 (S.I. 1999/1540) as amended (regulation 23).

These Regulations also revoke the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007 (S.S.I. 2007/435) which contain a minor defect at regulation 12(1)(b).

The requirement contained in paragraph 1(d) of Part 1 of Schedule 2 to these Regulations has been notified to the European Commission in accordance with the requirements of Article 8 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. No. L 204, 21.7.98, p.37) as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. No. L 217, 5.8.98, p.18).

A full regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.

(1)

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 10(3); section 17(1) and (2) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; section 48(1) was amended by the 1999 Act, Schedule 5, paragraph 8; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

(2)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

(3)

O.J. No. L 31, 1.2.02, p.1 as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).

(4)

S.I. 1996/1499, to which there are amendments not relevant to these Regulations.

(5)

O.J. No. L 229, 30.8.80, p.1.

(6)

O.J. No. L 299, 23.11.96, p.26.

(7)

O.J. No. L 330, 5.12.98, p.32.

(8)

O.J. No. L 111, 20.4.01, p.31.

(9)

O.J. No. L 126, 22.5.03, p.34.

(10)

1968 c. 67.

(11)

S.I. 1994/3144; to which there are amendments not relevant to these Regulations.

(12)

2005/2745.

(13)

S.I. 1985/71, revoked by S.S.I. 1999/1540.

(14)

S.I. 1999/1540, as amended by S.S.I. 2000/62; S.S.I. 2003/139 and S.S.I. 2004/132.

(15)

S.I. 1999/1540, amended by S.S.I. 2000/62, 2003/139, 2004/132 and 2005/616.

(16)

S.I. 1996/1499; to which there are amendments not relevant to these Regulations.

(17)

S.S.I. 2003/139.

(18)

S.S.I. 2004/132.

(19)

S.S.I. 2007/435.